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Siloam Springs City Zoning Code

ARTICLE V

- GENERAL USE STANDARDS

Sec. 102-71. - One building per lot.

No lot in the R-E, R-1, and R-2 zoning districts shall contain more than one building, except for accessory buildings in full compliance with this Code. No lot in any other zoning district shall contain more than two buildings, except for planned uses in the A-1 (Agriculture) zoning district, or except as specifically authorized by a significant development permit, or except for accessory buildings in full compliance with this Code.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-24, § I, 11-3-2015)

Sec. 102-72. - Accessory buildings.

Lots in the R-E, R-1, R-2, R-3, R-4, M-H, and R-O, zoning districts may contain a maximum of two accessory buildings and lots in the C-1, C-2, and C-1A zoning districts may contain a maximum of three accessory buildings, provided that:

(1)

The principal dwelling or building is located on the lot, and is in full compliance with this Code. Lots over one acre may contain one accessory building without a principle residential dwelling;

(2)

Setbacks and siting.

a.

Accessory building shall be set back a minimum of eight feet from any interior side or rear property line, and further as necessary to clear any public right-of-way, accessory buildings in the H-1 or H-1DT may be set back beyond eight feet according to the interior side setback of the H-1 or H-1DT zone;

b.

No part of the accessory building shall be located closer to the front setback than the front facing wall of the principal structure, unless it is used as a garage or carport;

c.

The accessory building is separated from the principal structure by at least ten feet (eight feet for accessory buildings of less than 350 square feet floor space and five feet for accessory buildings that are car ports);

d.

Accessory buildings shall not be sited over an easement unless it is on skids without a permanent footing. Written approval is required by the authority holding rights to said easement for a structure with a permanent foundation.

(3)

Bulk and area.

a.

The floor area of the accessory building is no larger than 50 percent of the total floor area of the principal dwelling, or building, on the same lot;

b.

The floor area and footprint of the accessory building, combined with all other buildings on the lot, does not exceed the floor/area ratio or maximum lot coverage of the zoning district;

(4)

The accessory building meets all regulations applying to structures in the base and overlay zoning districts except for as provided for above.

(5)

This section shall not be applied to commercially-leased mini self-storage facilities or businesses which sells or rents non-habitable storage buildings;

(6)

Permits.

a.

Accessory buildings 200 square feet and smaller shall be permitted through an accessory building permit. The permit fee is $10.00 per structure.

b.

Accessory buildings larger than 200 square feet shall be permitted through a building permit, and is subject to all applicable codes. The permit fee is as calculated through a building permit application.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-24, § I, 11-3-2015; Ord. No. 17-23, § 21, 9-19-2017)

Editor's note— Ord. No. 17-23, § 21, adopted Sept. 19, 2017, changed the title of § 102-72 from "Accessory buildings, residential" to read as herein set out.

Sec. 102-72.1. - Reserved.

Editor's note— Ord. No. 17-23, § 22, adopted Sept. 19, 2017, repealed former § 102-72.1 which pertained to accessory buildings, commercial, and derived from Ord. No. 15-24, § I, adopted Nov. 3, 2015.

Sec. 102-73. - Building height.

Building height shall be calculated as provided by the standard building code adopted by the City; provided, however, that height shall be measured without averaging in determining required building setbacks.

(Ord. No. 08-26, § I, 1-6-2009)

Sec. 102-74. - Parking space design standards.

(a)

Each parking space required by this Code, except spaces for handicapped persons, shall be:

(1)

At least nine feet wide by 18 feet long;

(2)

Graded for effective drainage, and maintained free of tall weeds, trash, or debris;

(3)

Surfaced with asphalt or concrete, or pervious grass pave, meeting load standards as reasonably determined by the Administrator on lots with grade inclines of three percent or higher, or on lots of ten or more spaces;

(4)

Sited where it will not block emergency vehicle access to any building;

(5)

Directly accessible from a driveway or parking lane which is at least 15 feet wide for angled parking, and 24 feet wide (20 feet, if each parking space is at least ten feet by 20 feet) for perpendicular parking;

(6)

Curbed to protect pedestrians on public sidewalks within eight feet of the parking space, and as the Administrator may determine is necessary to restrict parking vehicles or to protect parking lanes; and

(7)

Equipped with striping, and wheel and bumper guards, as the Administrator determines is necessary to prevent parking vehicles from extending beyond parking spaces, or intruding on any pedestrian way, landscaped area, fence, or wall.

(b)

Parking spaces for disabled persons shall be designed as required by federal law.

(c)

No more than 50 percent of the front (street-address side) setback area of any lot containing a dwelling unit in the R-E, R-1, R-2, and M-H zoning districts shall be paved, designed for vehicle parking, or used in any way for vehicular parking.

(d)

No commercial vehicle having a manufacturer's rated capacity of more than class five, shall be parked on the public right-of-way abutting lots in the R-E, R-1, R-2, R-3, R-4, or M-H zoning districts, other than delivery, moving, or active service vehicles.

(e)

No vehicle shall be parked in lot side setback areas, or in public utility easements, in the R-E, R-1, R-2, R-3, R-4, or M-H zoning districts, unless the vehicle is parked on a designated driveway or parking lot.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-24, § I, 11-3-2015; Ord. No. 17-23, § 23, 9-19-2017)

Sec. 102-75. - Parking spaces required.

(a)

No person shall develop or use land unless off-street parking spaces are provided on-site, or if off-site, by a shared parking agreement which shall require a recorded covenant running with the burdened (parking area) land, which burdened land must be located within 300 feet of the site, as follows:

(1)

Commercial uses.

a.

Customer-destination businesses:

1.

Automobile service stations, garages, and repair shops: One per 300 square feet floor area.

2.

Barber shops, beauty salons: One per customer seat, plus one per employee at the most staffed work shift.

3.

Furniture stores: One per 1,000 square feet floor area.

4.

Hotels, motels: One per bedroom, plus one per each two employees, plus one per each 200 square feet of floor area available for assemblies (including without limitation, meeting rooms, group dining rooms, and ballrooms, but excluding restaurants.)

5.

Laundromat: One per 100 square feet floor area.

6.

Professional offices (including without limitation medical, dental, and veterinary uses): One per 200 square feet floor area.

7.

Recreation:

i.

Games, attraction (not including large institutions): One per 200 square feet floor area.

ii.

Swimming pool: One per each six persons of maximum lawful pool capacity.

iii.

Golf course: Two per hole.

8.

Restaurant (including all food dispensaries requiring restrooms): One per 100 square feet of interior and exterior dining floor area.

9.

Retail sales: One per 200 square feet floor area.

b.

Off-site-customer business (including without limitation professional offices, telecommunication sales): One per 300 square feet floor area.

(2)

Dwellings.

a.

Dwellings: Two per dwelling unit in all "R" zones.

b.

Residential rooming:

1.

Rooming house (including with board): One per bed.

2.

Nursing home: One per each three beds.

c.

Single-family dwellings (including without limitation, manufactured home parks): Two per dwelling unit.

(3)

Institutions, large.

a.

Auditorium, arena, civic club, funeral home, place of worship, stadium, theater, and all places of group assembly: One per each four seats, or one per each 50 square feet of assembly area, whichever provides more spaces.

b.

College: One per each employee on duty during most-staffed work shift residing on the campus, plus sufficient off-street parking for all students during the most-attended class hours, plus sufficient off-street paved area for safe and convenient drop-off/pick-up of automobile passengers.

c.

School: One per each employee on duty during the most-staffed worked shifts, including without limitation all administrators, teachers, and all other staff, plus one per each two students of legal driving age, plus sufficient off-street paved area for safe and convenient drop-off/pick-up of automobile passengers.

d.

Hospital: One per bed, plus one per maximum staff on duty during most-staffed work shift.

(4)

Institutions, small.

a.

Daycare facility requiring state license: One per each 300 square feet of floor area.

b.

Library, museum: One per each 500 square feet of floor area.

(5)

Industrial or manufacturing facility, warehouse. One per each 1,200 square feet of floor area.

(6)

All uses. Parking for disabled persons shall be provided as required by federal statute.

(b)

The requirements of this section shall have no application to the downtown parking district designated in section 94-200 of this Code.

(c)

All required parking spaces shall be provided on-site, or if off-site, by a shared parking agreement between both affected parties, which agreement shall require a recorded covenant running with the burdened (parking area) land; and which burdened land must be located within 300 feet of the site. If off-site parking is required as part of a significant development permit, the said agreement must be approved as part of the significant development permit request. For the purpose of this regulation, on-site shall include abutting lots under common ownership.

(d)

For cause shown, the permitting authority may reduce parking space requirements by up to 30 percent.

(e)

The number of parking spaces required for a use not listed herein shall be the same as for a similar use which is listed.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-24, § I, 11-3-2015; Ord. No. 17-23, § 24, 9-19-2017)

Sec. 102-76. - Parking area design standards.

Any off-street parking area containing parking spaces which number:

(1)

Five or more, shall be continuously lighted at night, unless the Administrator determines that the parking area is not used after daytime business hours. Exterior parking lot lighting shall be directed to the ground, shielded, full cutoff style, where no lighting, or glare, exceeding 0.5 footcandles, measured at five feet above grade, may intrude beyond the property line. Exterior use of high pressure sodium lights is prohibited;

(2)

Eight or more on a dead-end driveway or parking lane, shall include an adequate turnaround area as determined by the Administrator;

(3)

Ten or more shall be paved with asphalt or concrete meeting load standards as determined by the Administrator;

(4)

Parking lot landscaping is required as follows:

a.

Twelve to 50 spaces: six percent of gross interior parking area;

b.

Fifty-one to 150 spaces: eight percent of gross interior area; and

c.

One hundred fifty-one and greater spaces: ten percent of gross interior area.

Landscaping shall include trees and shall not include areas containing otherwise-required landscaping, screening, or setbacks;

(5)

No parking shall be allowed along the easement lines, except as specifically shown.

(6)

No parking shall be allowed on a driveway used for commercial or multi-family housing exceeding five dwelling units per lot or parcel. Commercial parking shall be permitted only on designated parking spaces.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-24, § I, 11-3-2015; Ord. No. 17-23, § 25, 9-19-2017; Ord. No. 18-24, § 6, 11-6-2018)

Sec. 102-77. - Driveway design standards.

Access to all parking spaces shall be provided by a driveway (or parking area traffic lane) meeting the following standards:

(1)

Surface. The surface shall be paved with asphalt, concrete, or paver stones, or grass pave meeting load standards as determined by the Administrator, unless the lot size exceeds one acre and the parking spaces are for Use Units 3, 4, or 6 only, and unless the driveway accesses a secondary garage or accessory storage facility on the same property.

(2)

Width:

a.

Residential:

1.

The width shall not exceed 30 feet in the A-1, R-E, R-1, R-2, M-H, R-O and P-D zoning districts. See Code Section 102-50(e)(3) for H-1 zoning district driveway standards.

2.

The width shall not exceed 40 feet in the R-3 and R-4 zoning districts.

3.

The width shall not be less than 12 feet in the A-1, R-E, R-1, R-2, R-3 and R-4 zoning districts, except that shared-access drives shall have a minimum width of 18 feet; and not less than 18 feet in the R-4, M-H, R-O and P-D zoning districts; and not less than 20 feet in the C-1 zoning districts.

b.

Commercial:

1.

The width shall not exceed 36 feet in the H-1, G-I, C-1A, C-1, and C-2 zoning districts.

2.

The width shall not be less than 20 feet in the H-1, H1-DT and C-1 zoning districts; and not less than 25 feet in any other commercial or industrial zoning district, unless traffic flows one way only, in which the drive widths shall be no less than 15 feet.

c.

Industrial. The width shall not exceed 50 feet in the I-1 and I-2 zoning districts.

(3)

Curbs, lane markings. Curbing and markings shall effectively delineate traffic lanes. As provided by development permit, or by terms of public acceptance of dedicated thoroughfares, maintenance of medians may be required of adjacent landowners.

(4)

Interior drives setback. All driveways shall be reasonably designed for vehicle stacking.

a.

No driveway which serves more than 30 parking spaces, and which connects with a public arterial street, shall itself be intersected by an interior driveway or parking lane within 75 feet of the roadway surface, measured from the back of curb or when no curb exists, the edge of pavement, of an arterial or higher class street. This regulation shall not apply to any residential uses or secondary vehicular access driveway that accesses a street that is at least one street class smaller than the primary drive's access street as specified on the city's Master Street Plan.

b.

No driveway which serves more than 15 spaces for a "drive-thru" business, in which patrons' vehicle remain in an active que and patrons do not leave their vehicle for goods or services, shall itself be intersected by an interior driveway or parking lane, or parking space, within 75 feet of the roadway surface, measured from the back of curb or when no curb exists, the edge of pavement, of an arterial or higher class street. This regulation shall not apply to any secondary vehicular access driveway that accesses a street that is at least one street class smaller than the primary drive's access street as specified on the city's Master Street Plan.

c.

No driveway which serves more than 40 parking spaces, and which connects with a public street, shall itself be intersected by an interior driveway or parking lane, or parking space, within 75 feet of the roadway surface, measured from the back of curb or when no curb exists, the edge of pavement, of a collector or lower class street. This regulation shall not apply to any residential uses or secondary vehicular access driveways.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-14, § I, 6-16-2015; Ord. No. 15-24, § I, 11-3-2015; Ord. No. 17-23, § 26, 9-19-2017)

Sec. 102-77.1. - Drive-through lane design standards.

(1)

Surface. The surface shall be paved with asphalt, concrete, or impervious paving, meeting load standards as determined by the Administrator.

(2)

Width. Drive-through aisles shall be a minimum of 12 feet wide, however, if another driveway abuts the drive-through aisle, the width may be reduced to ten feet. The minimum interior curve radius for a drive-through aisle shall be ten feet. The drive-through aisle shall be no more than 15 feet wide, unless the drive aisle is used as part of an established driveway or parking lane. The lane aisle width is measured along the drive surface from the front of the curb to the building or opposite curb. If there is no curb, the width measurement is from the center of each dividing stripe or other form of demarcation. For existing buildings that are 20 years or older and are less than 18 feet from the side property line and the drive-through aisle is adjacent to the same side property line, the drive-through aisle width may be reduced to a minimum of ten feet wide if the pick-up window does not protrude more than one foot into the drive lane.

(3)

Stacking distance. Drive-up windows shall provide at least 100 feet of stacking space for each facility, as measured from the service distribution window or unit to the entry point into the drive-through lane from the parking lot or street right-of-way. Non-food and/or non-beverage businesses may reduce the stacking space to a minimum of 60 feet. No stacking space may occupy any portion of a public right-of-way.

(4)

Intersection with the street. Each drive-through entrance and exit, when accessing a public right-of-way, shall be subject to the driveway spacing standards in section 102-78 of this Code. Exceptions may be granted by the designated approving authority if meeting the spacing standards are impossible and the drive-through is located where it is most nearly consistent with the spacing requirements, or when drive-thru pull-out spaces are provided.

(5)

Lane markings and demarcation. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings. Pedestrian walkways that intersect the drive-through aisles shall be clearly visible and delineated by textured and painted paving.

(6)

Landscaping. Drive-through aisles abutting a green space buffer, as required by the commercial and industrial zoning standards in sections 102-50.1 through 102-56 of this Code, shall include shrubs measuring to a minimum three feet tall planted at a rate of one shrub for every three linear feet abutting the drive-through aisle. Shrubs are to be of a variety designated by the landscaping code and shall be planted on the green space strip that is opposite to the pick-up window, building, or terminating service unit, if no-pick up window exists. This requirement shall take precedence over any other shrub landscaping required for this designated area.

(7)

Parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces for the accompanying use.

(8)

Pick-up and order windows. Drive-through windows shall be prohibited on the street frontage side of a building. When a building is located on a corner lot, drive-through windows shall be prohibited on the side facing the larger or more heavily traveled street.

(9)

Hours of operation. Facilities utilizing an electronic speaker system and located on a site within 200 feet of any residential property (measured from the order window or station to the outer wall of the nearest residential structure), hours of operation for the drive-up/drive-through service shall be limited from 7:00 a.m. to 10:00 p.m. daily. If the use is located greater than 200 feet from a residential use, or does not use an electronic speaker system, then there are no restrictions on the hours of operation.

(10)

Screening. Drive-through uses requiring a special use permit shall construct a solid screen along abutting property lines with a residential "R" district. Solid screening is to be constructed of opaque, material which obscures light trespass to the residential property from vehicles utilizing the drive-through use.

(Ord. No. 20-08, § 2, 5-5-2020)

Sec. 102-78. - Driveway intersection with street.

(a)

Spacing. All lots partly or entirely occupied by use units other than 3, 4, 6, and 8, with lot widths less than the minimum standard for its perspective zone, shall be limited to one driveway, unless drives can meet the minimum standards for a collector street. All driveway designs are subject to a traffic safety review. The centerline of each driveway in every zoning district, at its intersection with any street or right-of-way, shall be located a minimum of:

(1)

Arterial (and larger) streets:

a.

100 feet from the centerline of any other driveway which intersects the same arterial (or larger) street from the same side;

b.

100 feet from the boundary of the right-of-way any other street which intersects the same arterial (or larger) street; and

c.

50 feet from all boundaries of the lot, except the boundary abutting the intersected arterial (or larger) street.

(2)

Collector streets:

a.

75 feet from the centerline of any other driveway which intersects the same collector street from the same side;

b.

75 feet from the boundary of the right-of-way any other street which intersects the same collector street; and

c.

25 feet from all boundaries of the lot, except the boundary abutting the intersected collector street.

(3)

All sub-collector streets:

a.

Multiple-dwelling, commercial, industrial uses. On all lots partly or entirely occupied by uses other than Use Units 3, 4, 6, and 8, with access to a sub-collector street, the same spacing as provided for collector streets (above).

b.

Single family, two-family, and small office uses:

1.

Five feet from all boundaries of the lot, except the boundary abutting the intersected sub-collector street, and except where green space buffers require a greater setback for small office uses; and

2.

25 feet from the nearest boundary of any other street which intersects the same sub-collector street.

(4)

Historic Districts. All driveways in the H-1 or H1-DT zones shall be spaced to sub-collector drive spacing standards for single-family, two-family, and small office uses, as provided for in subparagraph (3) (above), or as stated within the overlay district, except for driveways access to an arterial or minor arterial street, in which case the drive spacing standards shall be as in subparagraph (a) (above).

(b)

Number:

(1)

Minimum number of driveways. The spacing requirements of subparagraph (a) (above) and (c) (below) notwithstanding, each properly-platted and permitted lot may contain one driveway accessing a public street. Driveway intersections which cannot meet the spacing standards in subparagraph (a) (above) and (c) (below), shall be located where most nearly consistent with the spacing requirements, spaced as far as possible from any other drive or street connection, and may be located to allow shared access.

(2)

Maximum number of driveways. The spacing requirements of subparagraph (a) (above) notwithstanding, each properly-platted and permitted lot shall contain:

a.

Arterial streets. No more than one driveway per each 200 feet (or portion) of a lot on any arterial (or larger) street; provided, however, that each driveway may be split into two one-way driveways each having a width not exceeding 25 feet per drive, having a combined width not exceeding 50 feet.

b.

Collectors. No more than one driveway per each 150 feet (or portion) of a lot on any collector street; provided, however, that the driveway may be split into two one-way driveways having a combined width not exceeding 50 feet.

(c)

Location:

(1)

Proximity to easements. No driveway shall be constructed or maintained across public utility or drainage easements, except upon approval by the Administrator, or except when crossing at right angles an easement abutting and parallel to the primary access street, or except as specifically shown on a development permit.

(2)

Alignment with facing driveways. Each driveway's intersection with any street shall align directly across the street from driveways of facing properties, unless the alignment is impossible or is inconsistent with other requirements of this chapter, or unless the driveway is in the A-1, R-E, R-1, R-2, or R-3 zoning districts. Driveways which cannot align directly across the street from a driveway of the facing property shall have a minimum of 100 feet offset separation as measured from centerline of each affected driveway.

(d)

Angle. Each driveway's centerline shall be at a right angle to the street centerline, at any point where the driveway intersects the street right-of-way; provided, however, that the angle may deviate up to 15 degrees where public safety and convenience are not reduced, and further driveways designated as a "right-out-only" shall be angled at 30 degrees or greater.

(e)

Grade. No driveway shall exceed a five percent slope within 50 feet of its intersection with any street, except upon a showing of hardship and where public safety and convenience are not reduced.

Driveway Design Standards Width: Distance from: Number:
Zone Districts Maximum Minimum Property Line Street
Intersection
Next
Driveway
Maximum
A-1, R-E, R-1, R-2 30 ft 12 ft
R-3 40 ft 12 ft
R-4 40 ft 18 ft
M-H, R-O, P-D 30 ft 18 ft
H-1 (residential only) 20 ft* 7 ft** 2 ft 25 ft
H-1 (non-residential), H1-DT, C-1, G-I 36 ft 20 ft
C-1A, C-1, C-2 36 ft 25 ft
I-1, I-2 50 ft 25 ft
Street Type
Arterial 50 ft 100 ft 100 ft 1 per 200 ft
Collector 25 ft 75 ft 75 ft 1 per 150 ft
Sub-collector
(Multifamily, Commercial, and Industrial) 25 ft 75 ft 75 ft n/a
(Single-Family, two-family, small office) 5 ft 25 ft n/a n/a
(H-1 or H-1DT Overlay Zones) 25 ft n/a n/a

 

* See section 102-50(e)(3).

** See section 102-50(e)(2).

See section 102-50(e)(2) or 102-77(1) for surface standards.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-14, § I, 6-16-2015; Ord. No. 15-24, § I, 11-3-2015; Ord. No. 17-23, §§ 27, 28, 9-19-2017)

Sec. 102-79. - Off-site impact.

All land development shall be designed and built for efficient interface with City infrastructure, and shall pay costs of off-site improvements serving the development, including without limitation, a fair share of the capital costs of constructing and expanding the capacities of the City's water, sanitary sewer, storm sewer, electrical, road, and public safety systems.

(Ord. No. 08-26, § I, 1-6-2009)

Sec. 102-80. - Fences.

(a)

No fence or wall shall exceed the following maximum height:

(1)

Seven feet in the R-E, R-1, R-2, R-3, R-4, M-H, and R-O zoning districts;

(2)

Eight feet in the C-1A, G-I, C-1, and C-2 zoning districts; and

(3)

12 feet in the I-1 and I-2 zoning districts.

(b)

No fence or wall shall be erected within the sight distance triangle.

(c)

No opaque fence or wall higher than three feet shall be erected on the property line that abuts the public right-of-way contiguous to the front setback, and no higher than five feet regardless of type.

(d)

Fence permit:

(1)

Required. No person shall erect, construct, place, or replace a fence or dividing wall on a lot or parcel without first obtaining a fence permit. This provision shall not apply to maintenance and repair of an existing fence or dividing wall structure, but shall apply to relocations or extensions.

(2)

Plans and specifications to accompany application. All applicants for fence permits shall submit plans for the proposed fence/wall or alterations to existing fencing/wall, which plans shall include the boundary lines of the property, existing permanent structures on the property, the proposed location of the fence/wall, the fence/wall's dimensions, and the proposed construction material(s) of the fence or wall.

(3)

Fees. The fence permit fee shall be $10.00 for fences or walls in residential zones, or $25.00 for fences or walls in all other zones.

(4)

Inspection. A site inspection is required prior to the installation of any fence or wall.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-24, § I, 11-3-2015; Ord. No. 20-32, §§ 2, 3, 12-1-2020)

Sec. 102-81. - Home occupations.

An in-home occupation may be permitted in any dwelling in any zoning district, provided that the dwelling and its use meet all applicable standards of this Municipal Code, including without limitation all regulations expressly pertaining to home occupations.

(Ord. No. 08-26, § I, 1-6-2009)

Sec. 102-82. - Maintenance of improvements.

All improvements to real property required by this Code, including without limitation all sidewalks, curbs, pavement, parking lots, driveways, landscaping, and landscaped buffers, shall be maintained in good condition. Lot owners as shown on records of the Benton County tax assessor shall be severally responsible for compliance with this section.

(Ord. No. 08-26, § I, 1-6-2009)

Sec. 102-83. - Lot consolidation.

Lot requirements provided in this chapter shall have no application to boundaries shared between two lots under common ownership, provided that:

(1)

A boundary survey (replat) showing the location and dimension of the lot created by combining the common lot-line lots is filed with the county recorder prior to start of any construction otherwise within the common lot-line setback area; and

(2)

The new (combined) lot is compatible with neighborhood architecture, layout, City growth, planning, and meets lot standards of that zoning district.

(Ord. No. 08-26, § I, 1-6-2009)

Sec. 102-84. - Lot line adjustments.

The lot line shared between two abutting lots or parcels may be adjusted, provided that:

(1)

A boundary survey (replat) showing the location and dimension of the lots created is filed with the county recorder prior to start of any construction; and

(2)

The new (replated) lots are compatible with neighborhood architecture, layout, City growth, planning, and meets lot standards of that zoning district.

(Ord. No. 08-26, § I, 1-6-2009)

Sec. 102-85. - Zero lot line development.

New construction in an R-4 District may abut a single side lot line, disregarding the side setback, provided that:

(1)

The use is for Use unit 4 and Use unit 5 only.

(2)

All utility easements abutting the zero lot line are vacated and deemed superfluous by the Administrator and affected private utilities.

(3)

The wall of the dwelling located on the zero lot line has no windows, doors, air conditioning units, or any other type of opening, and meets all fire rating requirements in compliance with the current Arkansas Fire Prevention and Building Code.

(4)

The construction does not compromise other lot, structural, or additional requirements provided for in the R-4 zoning district and in other sections of this Code.

(Ord. No. 08-26, § I, 1-6-2009)

Sec. 102-86. - Subterranean structure.

No subterranean structure intended for human habitation, including but not limited to storm shelters, shall be constructed within a utility easement.

(Ord. No. 15-24, § I, 11-3-2015)

Sec. 102-87. - Dumpster screening.

Solid waste commercial and multi-family residential dumpsters must be enclosed with opaque screened materials on all sides. Vegetative screen may not be applied for this purpose.

(Ord. No. 18-24, § 7, 11-6-2018)

Sec. 102-88. - Drive-through businesses adjacent to residential zones.

Development permits for a drive-through business on a lot or parcel that is abutting a residential "R" zone district are subject to the special use permit procedures of chapter 54 of this Code, and shall not be issued except upon authorization of the board of directors given after advice of the planning commission.

(Ord. No. 19-27, § 2, 1-7-2020)

Sec. 102-89. - Driveway and parking lot permit.

(1)

Required. No person shall cause any portion of a lot or parcel to be paved with a driveway or parking lot consisting of asphalt, concrete, paver stones, grass pave, compressed gravel, or any other non-pervious hard surface without first obtaining a driveway and parking lot permit. This provision shall not be applied to paving indicated in a building permit or repaving/repair of existing paved driveways or parking lots.

(2)

Plans and specification to accompany application. All applicants for driveway and parking lot permits shall submit plans for the proposed paving or alterations to existing paving, which plans shall include the boundary lines of the property, the location of the proposed paving, the dimensions of the proposed paving, and the intended use of the paving improvements.

(3)

Fees. The driveway and parking lot paving permit fee shall be $10.00 for paved areas in residential zones, or $25.00 for paved areas in all other zones.

(4)

Inspection. A site inspection is required prior to the installation of any paving.

(Ord. No. 20-32, § 4, 12-1-2020)